Ramanand Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Ramanand Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of by directions: petitioner to file a representation, with a copy of the Akhilanand Singh judgment (2018 (3) PLJR 1029), before the Registrar, Magadh University within four weeks; the Registrar to consider the representation in the light of that judgment and pass a reasoned and speaking order within four weeks thereafter, remaining personally liable for non-compliance within the stipulated period.

Issue for consideration

Whether the orders dated 13.05.2016 and 02.08.2016 passed by the Hon’ble Commission in Claim Petition No.707 of 2013, dismissing the petitioner's claim and recall application, should be quashed, and the petitioner's absorption as Lab Technician in the Department of Zoology, Tribani Satybhama College, Nawada, with effect from 16.08.1978 confirmed, with release of current salary and back dues. +1 more

Court's answer

The Registrar, Magadh University is well advised to consider the petitioner's representation in the light of the judgment passed in Akhilanand Singh (supra) and pass a reasoned and speaking order within four weeks thereafter.

Ratio / Principle

The writ application is disposed of with a direction to the petitioner to file a representation, along with a copy of the judgment passed in the case of Akhilanand Singh (supra), before the Registrar of the Magadh University within four weeks.

Key takeaways

The Registrar, Magadh University, Bodh Gaya shall be personally liable for non-compliance of this order within the stipulated period.ratio¶23

Detailed headnote1 paragraphs

PATNA HIGH COURT (Anjani Kumar Sharan, J) | CWJC No.9129 of 2019 | Decided 26-02-2024 (oral judgment, NAFR). Ramanand Singh sought quashing of the orders dated 13.05.2016 and 02.08.2016 passed by the Hon'ble Commission in Claim Petition No.707 of 2013, whereby his claim and recall application were dismissed, together with confirmation of his absorption as Lab Technician in the Department of Zoology, Tribani Satybhama College, Nawada, with effect from 16.08.1978 and release of current salary and back dues. Learned counsel for the petitioner submitted that the case was squarely covered by the judgment dated 17.07.2018 in Akhilanand Singh and others v. The State of Bihar and others, reported in 2018 (3) PLJR 1029; learned counsel for the State and the University raised no objection. The Court disposed of the writ application with a direction to the petitioner to file a representation, enclosing a copy of the Akhilanand Singh judgment, before the Registrar, Magadh University within four weeks; the Registrar was directed to consider the representation in the light of that judgment and pass a reasoned and speaking order within four weeks thereafter, and was declared personally liable for non-compliance within the stipulated period.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9129 of 2019

====================================================== Ramanand Singh Son of Late Medni Singh R/o Village-Rampur, P.O. Rampur, P.S. Suryagadha, District Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna

The Magadh University through its Registrar Magadh University, Bodh Gaya, Dist Gaya

The Vice Chancellor Magadh University, Bodh Gaya, Dist Gaya

The Registrar Magadh University, Bodh Gaya

The Principal Secretary to the Government Department of Higher Education, Government of Bihar, Patna

The Principal Tribani Satybhama College, Nawada, Dist Nawada, (Then Gaya)

... ... Respondents.

======================================================

Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG-15

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 26-02-2024

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.

The petitioner has approached this Court for quashing of the order dated 13.05.2016 and 02.08.2016 passed by the Hon’ble Commission in Claim Petition No.707 of 2013, whereby the claim of the petitioner as well as the recall application has been dismissed and also for a direction to the

Patna High Court CWJC No.9129 of 2019 dt.26-02-2024 2/3

Magadh University to confirm the absorption of the service of the petitioner as Lab Technician in the Department of Zoology in Tribani Satybhama College, Nawada with effect from 16.08.1978. The petitioner has also prayed to release the current salary a well as back dues.

At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered by the judgment dated 17.07.2018 passed in the case of Akhilanand Singh and others Vs. The State of Bihar and others reported in 2018 (3) PLJR 1029 .

Learned counsel for the State and the University has no objection to the aforesaid submission.

In such view of the matter, this writ application is disposed of with a direction to the petitioner to file a representation along with a copy of the judgment passed in case of Akhilanand Singh (supra) before the Registrar of the Magadh University within four weeks and the Registrar, Magadh University is well advised to consider the representation of the petitioner in the light of the judgment passed in the aforesaid case and pass a reasoned and speaking order within four weeks thereafter.

It goes without saying that the Registrar, Magadh

Patna High Court CWJC No.9129 of 2019 dt.26-02-2024 3/3

University, Bodh Gaya shall be personally liable for noncompliance of this order within the stipulated period as aforesaid.

(Anjani Kumar Sharan, J)

Trivedi/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	05.03.2024
Transmission Date	NA